Judge Coughenour wrote in his ruling: “Plaintiffs have failed to argue that there is a compelling state interest in allowing heterosexuals to play gay softball.”

The judge did say, however, that the case — brought by three bisexual men on a San Francisco NAGAAA team — can go to trial because there were some questions over how NAGAAA applied its rule allowing no more than two non-gay players per team. Trial is set for Aug. 1.

The three men filed the suit after their eligibility was questioned by rivals during a 2008 Gay World Series game in Seattle.